Nelson's history of the war. Vol. XI., The struggle for the Dvina, and the great invasion of Serbia

170 APPENDIX II.

extrinsic evidence to justify him in detaining the vessel for prize proceedings.

12. The further contention, that the greatly increased imports of neutral countries adjoining Great Britain’s enemies raise a presumption that certain commodities, such as cotton, rubber, and others more or less useful for military purposes, though destined for those countries, are intended for reexportation to the belligerents who cannot import them directly, and that this fact justifies the detention for the purpose of examination of all vessels bound for the ports of those neutral countries, notwithstanding the fact that most of the articles of trade have been placed on the embargo lists of those countries, cannot be accepted as laying down a just or legal rule of evidence. Such a presumption is too remote from the facts, and offers too great opportunity for abuse by the belligerent, who could, if the rule were adopted, entirely ignore neutral rights on the high seas and prey with impunity upon neutral commerce. To such a rule of legal presumption my Government cannot accede, as it is opposed to those fundamental principles of justice which are the foundation of the jurisprudence of the United States and Great Britain.

SHIPMENTS TO NEUTRALS.

13. Before passing from the discussion of this contention as to the presumption raised by increased importations to neutral countries, my Government desires to direct attention to the fact that His Majesty's Government admit that the British exports to those countries have also materially increased since the present war began. Thus Great Britain concededly shares in creating a condition which is relied upon as a sufficient ground to justify the interception of American goods destined to neutral European ports. If British exports to those ports should be still further increased, it is obvious that, under the rule of evidence contended for by the British Government, the presumption of enemy destination could be applied to a greater number of American cargoes, and American